1. The State Bank of Travancore, the plaintiff, is the appellant, and the second defendant, the second respondent, is the contesting respondent. The suit was for cancellation of a sale deed (Ex. D-6) dated 27th October 1952 by the first defendant in favour of his brother, the contesting respondent. The two important issues considered by the trial court were whether the suit properties were acquired in the name of the first defendant with the funds of the contesting respondent and held in trust for the latter; and whether the sale deed was a bona fide transaction supported by consideration or it was a mere sham and fictitious transaction to defeat or delay the Bank. On both these issues the trial court held in favour of the contesting respondent, viz., that the properties were acquired in the name of the first defendant with the funds of the contesting respondent and held in trust for the latter; and that the transaction was a bona fide one supported by consideration and not intended to be a sham or fictitious one to defeat the Bank.

2. The matter was taken up in appeal by the Bank. The appellate court held that the properties belonged to the first defendant, in other wor